Yearly Archives: 2020
How Experts Are Used to Strengthen an Accident Claim
Tuscaloosa Injury Attorney Helping You When You Need it Most If you’ve been injured in an accident in Alabama, then you may be entitled to sue and recover damages as compensation for the harm caused by the defendant. Litigating a claim is not always straightforward, however. If the defendant is unwilling to settle very early, then you’ll likely have to bring on experts who can evaluate the facts surrounding the accident and interpret it in such a way as to provide supportive testimony. This testimony can be a valuable tool for securing a favorable result in litigation and our Tuscaloosa injury attorney is prepared to help you get the experts needed for your specific situation. Let’s take a closer look. Using an Expert to Testify on Relevant Issues The testimony of an expert witness can strengthen your accident claim in a variety of different ways. For example, if there is insufficient photo and video evidence of a car accident in which you’re involved, you can hire an accident reconstruction expert to investigate the facts surrounding the accident (i.e., skid marks, damage to the vehicles, etc.) and reconstruct what actually happened. Depending on how persuasive the testimony is, and how credible the expert is, this testimony may have a significant and positive influence on the outcome of your lawsuit. A skilled Tuscaloosa injury attorney will coordinate experts, coach them on what “not” to say, and generally integrate the testimony of such experts with the overall case strategy. This is a critical […]Read More
Does Workers’ Compensation Prevent Workers From Pursuing a Personal Injury Lawsuit?
Work With an Experienced Tuscaloosa Injury Attorney In Alabama — and throughout the country — a large percentage of employees are entitled to workers’ compensation benefits if they are injured while on the job. Workers’ compensation benefits pay out irrespective of the employer’s fault. As such, they are an excellent tool for securing compensation to cover losses — but they are somewhat incomplete. For example, workers’ compensation benefits do not pay out for pain and suffering damages. In some cases, this can mean that you are sacrificing hundreds of thousands of dollars in potential compensation. Where possible, it’s worth contact an Tuscaloosa injury attorney to explore the option of bringing a lawsuit against those who were responsible, as this will give the injured plaintiff access to a more comprehensive set of damages. Let’s dive in. Workers’ Compensation and Personal Injury in Alabama In Alabama, as in other states, workers who are eligible to receive workers’ compensation are prohibited from bringing a lawsuit against their employer in a civil suit (based around the same injuries). If you slip-and-fall on a wet floor while at work, for example, then you would not be entitled to sue your employer for damages (assuming that workers’ compensation benefits covered the injury). This prohibition can put quite a damper on injured plaintiffs who feel wronged and are interested in seeking more complete justice in the civil courts — but all is not lost! There may be litigation options. Who Can You Sue? Injured workers are encouraged […]Read More
What is the Discovery Rule in Alabama?
Tuscaloosa Injury Attorney Helping You When You Need it Most In Alabama — as in other jurisdictions — personal injury claims are subject to a statute of limitations period. The statute of limitations sets a “deadline” by which the claim must be brought. If the limitations deadline passes, then the claim cannot be pursued in an Alabama court of law (absent various exceptions). If you have suffered injuries caused by another’s negligence or intentional misconduct, then you may have an actionable claim for damages — but bringing a claim isn’t always as straightforward as one might think. In many cases, an injury might be suffered where the plaintiff doesn’t realize (at first) that they are entitled to pursue a lawsuit. They might not know that their injuries were caused by someone else. For example, if your car spins out of control and slams a tree, you might think it was your own mistake that caused the accident. Further investigation could reveal that the steering wheel was faulty, however, thus giving rise to a claim against the auto manufacturer. The discovery rule works by extending the applicable statute of limitations period. It suspends the running of the limitations period until the date that the defendant discovers that they have suffered a legally actionable injury. Let’s take a closer look at the rule and its inner workings. Basics of Alabama’s Discovery Rule The basic statute of limitations in Alabama for personal injury claims is two years from the date of injury. This […]Read More
Sidewalk Trip and Fall Lawsuits: A Look at the De Minimis Rule
If you have tripped and injured yourself while walking on a sidewalk in Alabama, the law may entitle you to bring a claim against the landowner for damages. It’s worth noting, however, that such claims may be difficult to prove, as certain defenses, such as the application of the de minimis rule, can prevent a lawsuit entirely. Still it is not impossible to succeed, particularly when you have the help of a skilled Tuscaloosa trip and fall attorney. Understanding these barriers to recovery is necessary for an effective lawsuit. Let’s take a closer look. What is the De Minimis Rule? The de minimis rule works to prevent a lawsuit against a public and private defendant in which some central aspect of the case does not meet some minimum level of significant necessary to justify the action. For example, if you cut your finger in a bike accident, that might be considered an “injury” in technical terms, but the severity of the injury is so minimal that a court is unlikely to deem the claim actionable. De minimis is therefore best conceptualized as a barrier to an actionable claim. The De Minimis Rule and Sidewalks In Alabama and other jurisdictions, the de minimis rule applies to sidewalks, and more specifically, to trip and fall cases involving said sidewalks. Though the relevant landowners (i.e., municipalities, private landowners, etc.) have a responsibility to maintain sidewalks in a reasonably safe condition, the law does not impose a duty to keep sidewalks in a perfect […]Read More